What is the process for applying for settlement (ILR) in the UK?
The exact process that you will need to meet to gain ILR in the UK will depend on your immigration status and history in the UK. Several UK visas, but not all, provide a pathway to permanent settlement, including the Skilled Worker visa (including settlement for Tier 2 visa holders UK), Innovator Founder visa, Family (e.g. Spouse) visa, the Global Talent Visa settlement for UK Ancestry visa holders
If you meet the UK settlement visa requirements (see below), you will need to prepare and submit your ILR application online, pay the required application UK settlement application fee, prove your identity, and submit your supporting documents. Applications can take up to 6 months to be processed, assuming no queries are raised or further information is requested by the Home Office. If your ILR application is approved, the Home Office will send you an approval letter allowing you to live, work, study, access public funds, use the NHS, and apply for UK citizenship after 12 months.
What are the requirements for applying for a settlement visa in the UK?
In general, you will need to have lived in the UK continuously for the required amount of time, pass the Life in the UK test, and prove your English language proficiency.
Depending on your visa category, the qualifying period for ILR is typically five years, although some visa types, such as the Innovator Founder Visa, offer shorter routes to settlement of just 3 years.
You must also have complied with your immigration rules during your stay in the UK.
Other requirements may apply depending on the visa you hold. For example, if you apply for ILR under the Innovator Founder visa route, you will need a new endorsement that shows you meet the requirements for a growing business.
What is the UK spouse visa settlement application UK process?
Applying for settlement as a UK spouse visa holder involves:
- Completing and submitting an online application form
- Paying an application fee
- Providing proof of your identity
- Providing evidence of your eligibility for ILR, including:
- Proof of your income and where you live
- Proof that you have lived in the UK with your partner since you got your last visa for the required amount of time
- Proof that your relationship with your partner is genuine and
- Proof that you have met the English language requirements and passed the Life in the UK Test
The earliest you can apply for ILR as a spouse is 28 days before you meet residence requirements (e.g. 5 years of continuous residence in the UK).
How long does it take for a spouse to get settlement in the UK?
Spouse visa holders generally need to live in the UK for five years before becoming eligible to apply for ILR. It is also possible to gain ILR as a spouse visa holder after 2 or 10 years, depending on your circumstances. If you are unsure which ILR route you are on, speak to an immigration Solicitor or review the letter you received from the Home Office when your current visa was approved.
What are the requirements for spouse visa settlement in the UK?
To qualify for a Spouse visa settlement application UK, you must:
- Have me the requirements for your spouse visa during your time in the UK
- Prove that your relationship is genuine and subsisting.
- Have a combined income of at least £29,000 plus £3,800 a year for your first child and £2,400 a year for each child you have after your first child
- Provide accommodation details showing adequate living arrangements.
- Prove your knowledge of English and
- Pass the Life in the UK test.
Can an unmarried partner apply for settlement in the UK?
Yes, as an unmarried partner of a British citizen or person settled in the UK, you can apply for ILR. You must have been in a relationship that is like marriage or civil partnership for a minimum of 24 months before applying. In addition, you and your UK-based partner must have lived together since you last renewed your visa and intend to continue your relationship after you apply.
How do I apply for spouse visa settlement in the UK?
To apply for spouse visa settlement in the UK, you will need to:
- Complete and submit the online application form
- Pay the required application fee
- Make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometrics
- Submit any documents and evidence required by the Home Office, including your subsistence and genuine relationship, financial standing, English proficiency, and Life in the UK pass certificate.
Once your application has been submitted, you can normally expect to receive a decision within 6 months.
What is the process for husbands to apply for settlement in the UK?
The process for settlement for husbands in the UK is the same as for wives (see above). Husbands must also complete five years on a spouse visa (or 2 or 10 years, depending on the settlement route they are on), meet the financial and language requirements, and prove their relationship is genuine.
What documents do I need to settle on a UK partner visa?
The exact documents that you will need to submit with your application will be explained when you apply, as these will depend on your background and circumstances. In general, you will need to provide:
- Marriage certificate (for spouses) or proof of relationship for unmarried partners.
- Financial documents, such as bank statements or payslips.
- Evidence of cohabitation, such as utility bills or tenancy agreements.
- Life in the UK test certificate and proof of English proficiency.
How do I transition from a partner visa to settled status in the UK?
After 2, 5, or 10 years on a partner visa, you can progress from a UK partner visa to settlement. The Home Office will write to you to tell you which route you are on. Five years is the most common time required for ILR as a partner visa holder. As set out above, to apply for ILR as a partner visa holder, you will need to meet the financial, residency, and language requirements and submit the required documents to prove your genuine and ongoing relationship.
When can an Innovator Founder visa holder apply for settlement in the UK?
When it comes to UK settlement for entrepreneurs Innovator Founder visa holders can apply for ILR after 3 years of continuous residence in the UK, provided they meet the required investment and business growth criteria.
What is the settlement process for Innovator Founder visa holders?
To settle in the UK as an Innovator Founder visa holder, you will first need to apply for a new endorsement from your endorsement body. This is to verify that you have grown your business in the UK.
Once you have a new endorsement, you will need to complete and submit the application form, pay the required application fee, provide any documents required, and prove your identity.
The Home Office will write to you within 6 months to confirm the outcome of your application. In some cases, they may want further information or ask you to attend an interview.
What requirements must I meet for the Innovator Founder settlement?
To gain the endorsement necessary for ILR as an Innovator Founder visa holder, you will need to show the following:
- Your business is registered with Companies House, and you are a director or a member
- Your business is currently trading and be able to continue for at least the next 12 months
In addition, your business must meet at least 2 of the following requirements:
- Had £50,000 of investment to develop the business
- Doubled the number of customers in the last 3 years
- Applied for intellectual property protection in the UK
- Made £1 million in revenue in the last full year covered by accounts
- Made £500,000 in revenue in the last full year covered by accounts, with £100,000 of this from exporting overseas
- Created the equivalent of 10 full-time jobs that have existed for 12 months, or
- Created the equivalent of 5 full-time jobs that have existed for 12 months, with an average salary of £25,000 a year
How can Innovator Founder visa holders apply for settlement in the UK?
To apply for settlement in the UK as an Innovator Founder visa, you will need to:
- Get endorsement from an approved body to prove you have grown your business
- Complete and submit the online application form
- Pay the required application fee
- Make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometrics
- Submit any documents and evidence required by the Home Office, including your endorsement, English proficiency, and Life in the UK pass certificate.
Once your application has been submitted, you can normally expect to receive a decision within 6 months; however, you can pay an additional fee for a decision within 2 or 5 working days.
How can a bereaved partner apply for settlement in the UK?
If your spouse or partner passes away while you are on a UK spouse, civil partner, or unmarried partner visa, you may be eligible for ILR as a bereaved partner. When making a settlement application for bereaved partners, you must prove that you were living together at the time of their death and that your relationship was genuine.
Do I qualify for settlement if my partner has passed away while on a partner visa?
You may qualify for settlement if your partner has died without needing to meet the financial and English language requirements. To qualify, you must:
- Hold a valid family visa as a partner of the deceased (you must not be their fiancé, fiancée or proposed civil partner).
- Have lived together in the UK, and
- Have intended to live together permanently in the UK.
In addition, your partner must not have been living permanently in another country.
What documents are required for a bereaved partner settlement application?
To apply for settlement in the UK as a bereaved partner, you will need to submit:
- Your current passport or other valid travel identification
- Any old passports you held while living in the UK
- Your biometric residence permit (BRP)
- Your partner’s death certificate
- Proof of your relationship, e.g. certificate of marriage or civil partnership
- Proof of cohabitation, such as joint tenancy agreements or utility bills, and
- Evidence of your relationship, such as a marriage or civil partnership certificate.
Can PBS dependents apply for settlement in the UK?
Yes, dependents of Point-Based System (PBS) visa holders (e.g., as a dependent of a person on a work visa in the UK) can apply for settlement after living in the UK for the required amount of time (see below). The main visa holder must have obtained or been applying for ILR to be eligible for UK settlement for PBS dependents.
What are the requirements for PBS dependants to settle in the UK?
In order to apply for settlement as a dependant on a PBS visa, you will need to show that:
- Your partner held a suitable visa (e.g., a work visa or Global Talent visa).
- You have been living in the UK for the amount of time required
- You are married or in a civil partnership or have been living together in a relationship for 2 years
- You are living together and intend to continue doing so
- You have enough money to support yourselves and your dependants
- You meet the English language requirements and have passed the Life in the UK Test
How long do PBS dependents need to stay in the UK before applying for settlement?
Dependants of Point-Based System (PBS) visa holders can apply for settlement after 5 years of continuous residence in the UK. If your partner holds an Ancestry visa, there is no time requirement.
Can children apply for a UK child settlement visa?
You may be able to apply for a UK child settlement visa if your parent is a British citizen or settled in the UK. You may also be able to apply for ILR as a child if:
- You are under 18 and were born in the UK before your parent settled here
- You have ever been a dependant on a relative’s visa – they must have had refugee status or humanitarian protection before settling in the UK
- You have a parent who is applying for indefinite leave to remain as a partner or parent on the 10-year route
What are the rules for applying for ILR for adult children of settled parents in the UK?
When it comes to ILR for adult children of settled parents UK, you may be able to apply if you have been in the UK as a dependant on your parent’s visa before you reached the age of 18. In addition, you must still be financially dependent on and living with your parents, and not be married, in a civil partnership or living an independent life. You may also need to pass the Life in the UK test and meet the English language requirements.
How can I secure settlement in the UK after holding a family visa? (i.e. How to secure UK settlement after family visa)
After completing five years on a family visa, you can apply for ILR by providing evidence of your family relationship, passing the Life in the UK test, and meeting financial and language requirements.
How do I transition from a family visa to settled status in the UK?
To make a UK family visa to settled status transition, you need to demonstrate continuous residence, meet financial and language requirements, and provide documents that prove your family relationship.
Can I apply for settlement in the UK after separation from my spouse?
If you have separated from your spouse but were in a genuine relationship, you may still qualify for ILR. You must demonstrate that you meet all other requirements, such as financial stability and residency.
How does separation affect my UK settlement visa application?
Separation may complicate the application process. You’ll need to provide additional evidence of your previous relationship and may have to demonstrate financial independence.
When can Global Talent Visa holders apply for settlement in the UK?
Global Talent visa holders can apply for settlement after 3 or 5 years, depending on their contributions to their field and the level of endorsement. It is important to bear in mind that you can also include any time spent in the UK on the following visas:
- Any Tier 1 visa – except Tier 1 (Graduate Entrepreneur) i.e. settlement for Tier 1 investor visa holders
- Tier 2 (General) or Skilled Worker
- Scale-up Worker
- Tier 2 (Minister of Religion) or T2 Minister of Religion
- International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson)
- Innovator Founder
- Representative of an Overseas Business
You may be able to apply for settlement on this visa after 3 years if you were endorsed by either:
- The British Academy, the Royal Academy of Engineering, the Royal Society or UK Research and Innovation
- Arts Council England or Tech Nation – this must be as a recognised leader (‘exceptional talent’)
If you were endorsed by Arts Council England or Tech Nation as an emerging leader, then you can apply after 5 years.
If you have an eligible award, you can apply after 3 years.
What are the settlement requirements for Global Talent Visa holders?
Global Talent visa settlement applicants must:
- Meet continuous residence requirement
- Prove that they have made a significant contribution to their sector
- Pass the Life in the UK test, and
- Meet the English language requirement.
How does the Global Talent Visa settlement process work?
The settlement application for the GTV UK process involves demonstrating your continued contribution to the UK in your field, meeting the residency requirement, and passing the required tests.
When can Skilled Worker visa holders apply for settlement in the UK?
Skilled Worker visa holders can apply for ILR after 5 years of continuous employment in the UK.
What are the employment requirements for Skilled Worker visa settlement?
Applicants must:
- Meet the 5-year continuous residence requirement
- Continue to hold a valid certificate of sponsorship
- Still be working in their sponsored role
- Have met the conditions of their visa
- Meet the minimum salary threshold.
- Meet the English Language requirements, and
- Pass the Life in the UK test
How do I apply for settlement as a Skilled Worker in the UK?
To apply for a Skilled Worker visa settlement in the UK, you will need to:
- Complete and submit the online application form
- Pay the required application fee
- Make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometrics
- Submit any documents and evidence required by the Home Office, including a letter from your employer, including salary details, Certificate of Sponsorship, English proficiency, and Life in the UK pass certificate.
